Dictz v. Aronson

Judgment dismissing the complaint on the merits at the close of the plaintiffs’ ease in an action to recover damages for alleged malpractice of the defendant, a physician, as the result of an operation performed on the infant plaintiff for removal of his tonsils, reversed on the law and a new trial granted, with costs to appellants to abide the event. We are of opinion that the court erred in refusing to permit the jury to examine the infant plaintiff’s throat to determine the results of the operation by comparison with the diagram, in evidence, of a eoncededly normal throat. We may not say…